If you’re like the majority of Americans, you carry some form of debt. However, when you’re contacted by a debt collector over a debt you barely remember, you’ll want to think twice before agreeing to pay back the funds. It’s important to understand whether or not the debt has passed the statute of limitations. If you’re unsure what the statute is or how long your debt is pursuable, you’ll want to keep reading. You’ll learn more about your legal rights and why you may need to contact a Los Angeles, California debt defense lawyer who can assist you if you are facing harassment.
What Is a Statute of Limitations?
A statute of limitations is used to describe how long someone has to pursue civil or criminal action against another person. Essentially, all matters that can be handled via a lawsuit have an expiration date attached. If this statute expires, you will be unable to pursue a lawsuit against the other party.
Someone who owes a debt can be sued for the amount owed if the debt has not expired. Under California law, debt expires after four years. As such, if you have a debt that is older than four years, you are under no legal obligation to make payments on the debt. Typically, the four-year timeline begins on the date you made your last payment.
It is imperative to understand that in some instances, the statute of limitations for a debt can reset. As such, if you are contacted by a debt collector, you must proceed carefully in order to prevent resetting the clock and rendering you liable for a debt that may have otherwise expired.
What Should I Do if a Collector Contacts Me About an Old Debt?
Even though you are no longer legally obligated to pay an expired debt, it’s important to understand that a collector legally can attempt to collect the funds owed, so long as they do not violate your rights as a consumer.
If you are contacted by a debt collector, it’s imperative to understand your rights. Generally, the most important thing you should know is that you should not agree to make payments or even acknowledge the debt until you have requested and received a debt validation notice. This will inform you about the amount owed and the age of the debt. If the debt is past the statute of limitation in California, you can send the agency a cease and desist letter to inform them you no longer wish to receive communications regarding the debt in question.
You should also know that it is a violation of the Fair Debt Collection Practices Act (FDCPA) for the collector to file a lawsuit against you for an expired debt.
Whether you believe the debt you’re being contacted about has expired or you’re being sued for an old debt, contacting an experienced attorney from Los Angeles Legal Solution is in your best interest. We can help you navigate communication with a debt collector to help protect your rights as a consumer. If you need help, we’re ready to fight for you. Contact us today to learn more.
